On Sept. 13, 2003, the people of Texas, approved Proposition 12, granting
the Texas Legislature the authority to cap noneconomic damages in health care
liability cases and ensuring doctors and hospitals will be there when they are
sick or injured.
"The real winners of this election are the people of Texas who can be more
certain that doctor will be there for them when they�re sick or injured.
"The physicians of Texas and our patients owe a debt of gratitude to the
Republican and Democratic legislators who recognized the serious threat to
health care in Texas, and passed the legislation enabling today's vote. We
also thank Governor and Mrs. Perry for their tireless campaiging on the issue.
"I can't end the thanks without pointing out how hard our doctors, their
spouses, and others in the medical community worked to keep the debate focused
on the true issue -- access to care."
http://www.texmed.org/prop12/default.asp
Passage of House Bill 4 and Proposition 12, which limit non-economic
damages to $250,000 in medical malpractice lawsuits, has already had a
positive impact on the Texas medical malpractice market. Since September 2003,
actions have been taken on a number of fronts that demonstrate the positive
impact of Proposition 12."
http://www.tdi.state.tx.us/commish/talkmedical.html#developments
"All across Texas
there are signs that passage of Proposition 12 and House Bill 4 are delivering
on the promise of healing our health-care delivery system. Just six months
have passed since Texans passed Prop. 12, and early indications offered in
testimony recently before the House Civil Practices Committee are remarkably
positive. The goal of increasing access to health care is being realized.
Both Prop. 12 and its
underlying legislation, HB4, were designed to avert a growing crisis in the
Texas health-care system. Too many lawsuits against health-care providers were
driving up the cost of practicing medicine, resulting in reduced access to
health care. Last year, only four medical liability insurers remained in Texas
after 13 insurers fled a state they claimed was too litigious. Many higher
risk medical specialists, such as neurosurgeons and obstetricians, were
leaving Texas or simply ending their practices here because of the high cost
of malpractice insurance. In short, too many Texans were at risk of losing
access to health care.
But testimony offered
recently in a hearing held by the House Civil Practices Committee shows that
the healing process for our health-care system has begun.
Christus Health, a
not-for-profit Catholic health system with hospitals throughout Texas , is
projecting a $20 million savings on its liability costs this year. Christus
has earmarked these savings for patient services, expanding its already high
level of charity care. Christus officials say the $20 million savings is a
direct result of recently passed lawsuit reforms.
An OB/GYN group in
Fredericksburg announced it would again deliver babies. The three doctors had
stopped the obstetrical portion of their practice due to an inability to pay
the malpractice premiums for that portion of their medical practice. Expectant
mothers in that area of Texas no longer will have to travel to San Antonio for
prenatal care and to deliver their babies.
The two neurosurgeons in
Bryan will continue their practice in that community. These were the only
neurosurgeons in Brazos County . They had already announced their departure,
but because of the relief in premium expense, they will stay.
Four new anesthesiologists
have agreed to move to Beaumont . Four nursing homes, two in Austin and two in
San Antonio , are able to continue to provide a home and health care to 600
elderly Texans.
In short, the lawsuit
momentum against health care providers has stopped and the early signs are it
is turning around.
The state's largest
carrier, Texas Medical Liability Trust, lowered its rates on Jan. 1, by 12
percent and a smaller carrier, Continental Casualty Co., cut its rates by 11.5
percent. The nation's largest physician insurer, The Doctors Co. , wants to
expand its market share in Texas . Planned rate increases by other carriers
have been put on hold.
Essentially, every doctor
in Texas is either paying less malpractice premiums today or avoiding the
pre-Prop. 12 scheduled increase in premiums. Texas Insurance Commissioner Jose
Montemayor stated this was clear evidence of the beginning of a downward
trend. Not only have rates begun to stabilize but 10 new insurance carriers
have applied to enter the Texas medical liability market. That's additional
good news for doctors desperate for rate relief and a reversal of the trend
that forced 13 of 17 medical liability underwriters from Texas . New
competition will have the effect of driving prices down. With more choices and
lower prices, health-care providers will benefit from this healthier and more
competitive malpractice insurance market. This has and will continue to
translate directly into increased access to health care for Texans.
The president-elect of the
Texas Trial Lawyers Association stated it is unlikely that the volume of
future lawsuits will ever exceed one-half to two-thirds of pre-reform levels.
This is an indication that many past suits should have never been filed at all
and that the reforms in HB 4 are working to discourage the filing of
non-meritorious lawsuits.
In contrast, Oklahoma
doctors are seeing their insurance rates double this year; and despite passing
comparatively watered-down reforms in Florida , its physicians are being hit
with a 50 percent rate hike. Thankfully, this is not the story in Texas .
In Texas , happily, the
early news is very good. The full effects of the reforms passed by the
Legislature and approved by the voters have not yet been realized. It is
early. The huge spike in the number of suits filed before the reforms became
law has not worked its way through the system. Disturbingly, one carrier is
trying to bypass the increased regulatory supervision of the Texas insurance
commissioner because of a federal law loophole. Continued monitoring is needed
to ensure that the enacted legal reforms translate into increased access to
health care. Nonetheless, the early signs are that the Texas health-care
system is recovering and the prognosis is good. That's good for doctors,
hospitals and other health-care providers, and its good news for the people of
Texas."
http://www.calahouston.org/Prop12-HealthCare.htm
The Health Care System likes what Prop. 12 did. The Insurance
Companies are happy. My doctor bill went up $10 last year. I'll
need to give it more time before I can say I'm happy with my bill, but I am
happy to have good doctors.
With Love,
CtrlAltDel aka Dave
C4/5 Complete - 28 Years Post
Texas,
USA
Sherry <[EMAIL PROTECTED]>
wrote:
Well
yall...Hey.
I didnt want
to start a debate here, but I assure you, should you check facts and
not propagana thrown out there by the AMA and insurance lobbies, you
would know
1) There are more doctors
now per capita than ten years ago.
Are some of them moving? Yes..why?
Good old competition. How much money does a doctor stand to make
in a very rural setting, as opposed to a bigger
city/hospital?
When you need medical
care, or tests, I bet you head to the best facility around. Not
the mom and pop 2 horse hospital.
2) NO ..I repeat NO frivoulous
Medical malpractice suits EVER make it to court. IF an attorney
happened to file one which is deemed 'frivoulous" there are countless
obsticles which prevent it from ever seeing the light of day.
Several federal Senators had even posed bills to address the filing of
frivoulous med. mal lawsuits, but the AMA wouldnt have anything to do it (
nor the insurance lobby) as it didnt line their pockets.
(see the graham durbin bill for
one)
3) Yes the doctors insurance
rates are skyrocketing... WHY? As reported to congress by the insurance
lobby, "less the projected profits) One Med mal insurance company
anuals came out and a 37 million profit, wasnt enough. The
insurance companies also set up 'litigious zones"
ONE negligent doctor has
a suit filed agasint them..(like the doctor who decided to use a screwdriver
in place of rods on someones spine) And ALL the doctors in the area
rates go up. As it is now deemed a 'litigious zone" ..Funny..it's not
the negligent doctors fault.. its the citizens who live there.
NO state that has passed a cap
has the docs insurance rate gone down. Ca now has legislation to
repeal theirs, as has been touted, a child died because of a
doctors extreme neglience and the family couldnt even file a
case. HOWEVER, what did help rates was the Ca passing of prop
103, (years after caps) WHich proves , Insurance reform, NOT
tort reform.
You as a disabled person, would have
no recourse to file a case if the doctor say decided to remove your lung
instead of your toncils...mmm how caring of people is a doctor going to be
that isnt getting reimbursed by the patients insurance company or
medicare..AND the patient will not be able to sue?
ANyway..I would suggest some
fact checking before opinions are made based on
pablum.
;) Sherry
----- Original Message -----
Sent: Friday, January 07, 2005 12:41
PM
Subject: Re: [QUAD-L] cnbc's poll
today
Elimination of frivolous lawsuits is the key.
Billy from Tampa
C2-3
9 years post
Stacy Harim <[EMAIL PROTECTED]>
wrote:
Insurance rates are going so high
for all doctors because of the law suits. I don't think that is
fair. I think it should be only the doctor that performed mal
practice. Here in Maryland, we are losing many of our doctors
because of the insurance rates.
Stacy
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